Honorable court of record IN THE UNITED STATES DISTRICT COURT FOR THE WESTEBN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA Plaintiff

V.

SHANE C. BUCZEK, a U.S. TRUST Defendant

shane-christopher: buczek, as third-party intervener and Grantor I Beneficiary

Petitioner

09-CR-121-S

JUDICIAL NOTICE of

emails received February 17,2010 Gourt to take Judicial

Notice under Federal Rules of Evidence 201(1)

, JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17,2010

COURT TO TAKE JUDICIAL NOTICE UNDER FEDERAL RULES OF

EVIDENCE 201(F)

Petitioner, shane-christopher: buczek, heretofore and hereafter "Petitioner", notices the ,

court to take Judicial Notice of emails received February 17, under Federal Rules of Evidence

201(1).

I, shane-christopher: buczek, declare under penalties of perjury under the laws of these

United States of America that the foregoing is true and correct to the best of my knowledge, is

made in good faith and is admitted if not rebutted. I certify that the facts stated herein are true

and correct under the penalty of perjury as provided by 28 USC Section 1746, that I am over the

age of 18, and that I have first hand knowledge first hand of the facts stated herein are true and

correct.

09-CR-121-S JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17,2010

10f3

In Trust,

shane-christopher: buczek as third party intervener and Grantor/BeneficiarylPetitioner for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recours~ UCC 1-308 September lv~ ,2010

Exhibit "A": February 18,2010 TRANSCRIPTS Page 22 line 19 to 21 "threatening emails

and,

Exhibit "B": List of FOREIGN AGENTS, NO GREEN CARD,FOREIGN REGISTRATION STATEMENT NOT ON FILE WITH NO BONDING AGENT OR LICENSES TO DO BUSINESS IN THE STATE (TITLE 22 SEC.' 611 and 612)

Cc. Judge Kenneth Schroeder, Jr. 68 Court Street 4th Floors Buffalo, New York [14202]

09-CR-121-S JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17,2010

2of3

i~:tl CERTIFICATE OF SERVICE ' On this the \ '1. day of September 2010, a true and correct copy was personally 09-CR 121,09-CR-141 and~CR-054 delivered to the Clerk of the Court and the Clerk will serve AUSA by electronic filing

09-CR-121-S , JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17, 2010

30f3

, "

Page 10fl

Subj: Hey Jackass Date: 2/17/20102:37:28 P.M. Eastern Standard Time From: To:

Hey Scumbag,

Why don't you tell everyone you opened an account at Best Buy in Hamburg and then made a number of major purchases including a 52" flat screen TV, and washer and dryer, and then instructed HSBC to get the funds to pay off his $8,800 in appliance purchases by debiting a non-existent account at DepOSitory Trust and Clearing Corporation, a commercial bank in New York City that clears stock and bond transactions for major stockbrokers, but does not have accounts with any individuals (including you asshole).

You are a thief with mental illness. You are an idiot who will get what you deserve. You will be in jail in a matter of a year or two, because you can't help yourself

I am one of many people who absolutely despies you. We will be watching from the sidelines as the Judicial system takes its course

Wednesday, February 17,2010 AOL: RonpaulSilver

Subj: Date: From: To:

Re: Hey Jackass YOU MUST BE FROM BUFFALO 2/17/20102:42:31 P.M. Eastem Standard Time

Your so smart! Your techniques are really working for you! Hows the ankle bracelet asshole?

I didn't know you were bald? you are a loser and always will be. How does it feel to be an embarrassment to your family and your community. We all hope you move

On Wed, Feb 17, 2010 at 2:39 PM. corn> wrote: great to meet you!!!! Now time for education!!!!!!!

In a message dated 2/17/2010 2:37:28 P.M. Eastem Standard Time, shanebuczekscum@gmall com writes:

Hey Scumbag,

Why don't you tell everyone you opened an account at Best Buy in Hamburg and then made a number of major purchases including a 52" flat screen TV, and washer and dryer, and then instructed HSBC to get the funds to payoff his $8,800 in appliance purchases by debiting a non-existent account at Depository Trust and Clearing Corporation, a commercial bank in New York City that clears stock and bond transactions for major stockbrokers, but does not have accounts with any individuals (including you asshole).

You are a thief with mental illness. You are an idiot who will get what you deserve. You will be in jail in a matter of a year or two, because you can't help yourself.

I am one of many people who absolutely des pies you. We will be watching from the sidelines as the Judicial system takes its course

Wednesday, February 17,2010 AOL: RonpaulSilver

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, * DC1cket No. 08-cr-054, 09-cr-121, and 09-cr-141

v.

SHANE C. BUCZEK,

* * * * * * * *

Buffalo, New York

~~~~~~"O

STATUS CONFERENCE

Defendant. * *

* * * * * * * * * * * * * * *

TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE WILLIAM M. SKRETNY

UNITED STATES CHIEF DISTRICT JUDGE

APPEARANCES:

For the Government:

For the Defendant:

Court Reporter:

MARY C. BAUMGARTEN ANTHONY M. BRUCE Assistant United States Attorney Appearing for the United States

C. BUCZEK, pro se BRIAN P. COMERFORD,

Attorney Advisor

PATRICIA A. 'GALAS, Notary Public Jack W. Hunt & Associates, Inc. 1420 Liberty Building Buffalo, New York 14202 (716) 853-5600

Proceedings recorded by mechanical stenography, transcript produced by computer.

Proceedings 22

1 THE COURT: We are done with it now, because it is the

2 day of reckoning, basically.

3 THE DEFENDANT: That's why I'm still looking for the

4 claim.

5 THE COURT: Well, take my word for it in this regard,

6 the claim is the indictment. You don't want to accept it, but

7 that is the claim.

8 All right. So you have to deal with that part of it,

9 Mr. Buczek, and then we go from there.

10 THE DEFENDANT: Why are you going to the bank case

11 before we get to the passport case? That's out of order, isn't

12 it?

13 THE COURT: No, not in this case.

14 THE DEFENDANT: Judge, one thing, lastly. I have a

15 copy of two e-mails I received yesterday I would like you to

16 see. Maybe you want to keep it on the private side? And I have

17 a copy for --

18 THE COURT: No.

19

20

21

22

23

did

THE DEFENDANT: Then I want to make a record of it.

e-mails sent to e-mail box.

them off and I do for the U.S. Attorney.

THE COURT: Well -- I'm sorry, Mr. Buczek, go ahead.

MR. BUCZEK: Thank you, Your Honor. I love that

24 statement up there and I know you adhere, to it.

25 The one thing that we are very concerned about and

I

I

Proceedings

1 she know the rules. If it's not evidentiary proper or if it's

2 not procedurally proper under the rules, I will have to what I

3 call sustain the objection, which means you can't get it in.

4 So work on that. Work through it with Mr. Comerford

5 and we'll see you back here on the --

6 THE DEFENDANT: Judge I can't do that, you know that.

17

7 I have a document that I'd like to file and it wraps around the

8 whole jurisdiction issue.

9 I appreciate your concern about me and I know you

10

11

have taken an oath of office to

had a Government if we did have

12 standing in this room right now.

in my mind if we

I would not be

13 And under the Seventh Amendment, you must have

14 controversy exceeding $20. And I know you know about Article I,

15 Section la, that all of that is to be paid back in gold

16 and silver. And I know we're not operating under the

17 Constitution, but I still want to put it on the record.

18 And there is no money, there is, no controversy, there

19 is no case, there is no real party, there is no ratification and

20 commencement. This is getting ridiculous. Thank you.

21 THE COURT: Fair enough, that's your defense. If you

22 choose to do it in a way that it can be presented to a jury

23 within the four corners of proper evidentiary and procedural

24 rules, go for it. That's your right.

25 I'll try to manage it as best I can. You have a lot

Proceedings 18

1 at stake here. Think about that. Princ~ple, it's a good thing.

2 Reality is a good thing. Work them together.

3

4

5

THE DEFENDANT: So, Judge, Brian is going to be standby?

THE COURT: Yes.

THE DEFENDANT: And I'll be able to file this document

6 I wanted to put in?

7 THE COURT: Yes, you can file it but with his advice.

8 Go over it with him just to make sure it's not going to be

9 bounced back at you, because if it's not the proper form that

10 complies with our rules for filing, Mr. Buczek, it won't be

11 accepted. So you've got to do it that way. rules whether

12 whether I like them -- I don't like some of these

13 rules.

14 THE DEFENDANT: Oh, I know, Ire crazy.

15 THE COURT: And some of them are craz for the

16 most part, when you work through it, they

17 THE DEFENDANT: Well, you know, I was downstairs with

18 Judge Schroeder 27 times or whatever and I've gotten to know him

19 over the last couple years and developed a relationship with him

20 that that I've learned a lot. And reason why I'm bringing

21 this up is because I understand where you're coming from.

22 And as I was going along, I did make some mistakes,

23 but the things I want to present in front of you, an attorney

24 can't do that. My whole issue is getting back to the

25 ratification and commencement. And not that I'm trying to --

,

· FD·302 (Rev. 10-6-95)

\ .

- 1 -

FEDERAL BUREAU OF INVESTIGATION

Date of transcription 01/20/2009

Pursuant to a Search Warrant issued by United States Magistrate Judge JEREMIAH J. MCCARTHY, Western District of New York, a search was conducted at 7335 Derby Road, Derby, NY, on January 16, 2009. Immediately preceding the execution of the search warrant was the execution of an arrest warrant for SHANE CHRISTOPHER BUCZEK, of 7335 Derby Road, Derby, NY.

The personnel involved in the search of the residence were as follows:

SA Henry C. Falkowski, FBI SA Michael Hubert, FBI SA Tom Callaghan, FBI SA Christopher Hubert, Diplomatic Security Service Task Force Officer, Joseph Butta, Federal Protection

Service SA James Lewer, Alcohol Tobacco, and Firearms Scott Kawski, U.S. Probation SA Edward Needham, FBI SA William Bates, U.S. Department of Defense Kristen Kemmlein, Treasury Inspector General of Taxation

Administration SA Jason Schachner, FBI SA Andrew Abramowitz, FBI SA William Fallon, FBI Judith Davidson FBI t Asset Forfeiture Investigator Lead Border Patrol Agent Larry Jay, U.S. Border Patrol Detective Edward Guzdek, Amherst Police Department Federal Air Marshall Glenn Maier Detective Timothy Salamone, Buffalo Police Department Photographic Specialist CharleneAbbat~, FBI SA Brian Ornan~f'B~I--~····---~ ~----- ~- .. ~---.--~

The search consisted of the entire two story residence, which was found to be in a clean condition, and consisted of a full basement, kitchen, living room, two dens/offices, four bedrooms, and three bathrooms.

The following log represents certain events which occurred during the course of this search and the approximate time at whleh they occurred:

Investigation on _0_1..;./_1_6....:../_2_0_0.,...9 __ al Derby, NY

ljle # 266M-BF-39552 SA Jason Schachner

by SA Henry C. Falkowski/hcf

Date dictated 01/20/2009

09-CR-121 3500L

This document contains neither recommendations nor conclusions of the FBl It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.

ISlUR: Harvard Law Review, Vol. 78, No.3 (Jan., 1965), pp. 619-634 http://www .jstor .orglpss/1339 1 18

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NOTES ATTORNEYS UNDER THE FOREIGN AGENTS

REGISTRATION ACT OF 1938

For the past two years the Foreign Agents Registration Act of I938 1

has been the center of much debate and criticism~ :In the spring of 1963, the Senate Committee on Foreign Relations conducted a series of hearings, which brought to light a mushrooming of representational activity, and searched into the apparent failure of the Department of Justice to enforce the act; through these inquiries, the committee at­tempted to clarify the act's purposes and scope. Soon, after these hear­ings, important amendments were proposed by Senators Fulbright and Hickenlooper and passed by the Senate near the end of the final session of the 88th Congress.2 The amendments will probably be reintroduced in the 89th Congress. Finally, the Supreme Court last Term in Rabinowitz u. Kennedy 3 dealt for the first time with the applicability of the act to practicing attorneys and seemed, through the use of broad language, to extend the act to activities never before' thought to come within its scope.

This Note will deal with the status of attorneys under the act today. The potential effects of the proposed amendments will also be con· sidered, and certain alterations will be proposed to ensure that the goals of the amendments are actually achieved.

1. THE ACT TODAY

A. The General Scheme

I. Basic Provisions. - The core of the Foreign Agents Registration Act lies in its first three sections, which define the operative terms Hforeign principal" and "agent of a foreign principal," require regis­tration by those defined as agents, and provide certain broad exemp­tions from the act. The term "foreign principal" is broadly defined to include not merely foreign governments and foreign political parties but also, with certain minor exceptions;' aU individuals, groups of individuals, or corporations located outside the Uniteq States.a "Agent

1 As amended, 56 Stat. 249 (194:2), as amended, :22 U.S.C. §§ 6U-2I (1958), as amended, 22 U.S.C. §§ 6U-I3 (Supp. Vt 1964).

2 S. ZI36, 88th Cong .• ,d Sess. (1964) (as reported with, committee amend­ments) [hereina.fter cited as S. 2136]. The bill,.-vas passed by voice vote with a minor amendment on July 6, 1964- See IIO CONGo R:ec. 15485, 1549~ (daily ed. July 6, 1964). Since the bill was not passed in the House before the e,nd of the session, it has. of (OUfse. no letdslative force.

9/12/20103:29 AM

UllllCU ;:)Ul.lt:S ,"-~Ue: tsrowse lIUes Page http://frwebgate.access.gpo.gov/cgi-binJusc.cgi?ACTlON=BROWSE. ..

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TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11--FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER I--GENERALL Y

Sec. 601. Repealed. June 25,1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948

SUBCHAPTER II··REGISTRA TION OF FOREIGN PROPAGANDISTS

Sec. 611. Definitions

Sec. 612. Registration statement

Sec. 613. Exemptions

Sec. 614. Filing and labeling of political propaganda

Sec. 615. Books and records

Sec. 616. Public examination of official records; transmittal of records and information

Sec. 617. Liability of officers

Sec. 618. Enforcement and penalties

Sec. 619. Territorial applicability of subchapter

Sec. 620. Rules and regulations

Sec. 621. Reports to Congress

A service of the U.S. Government Printing Office.

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911212010 3:28 AM

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.Foreign Agents Registration Act •

The Foreign Agents Registration Act (FARA) was enacted in 1938. FARA is a disclosure statute that requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the statements and activities of such persons in light of their function as foreign agents. The FARA Registration Unit of the Counterespionage Section (CES) in the National Security Division (NSD) is responsible for the administration and enforcement of the Act.

I

Public information relating to the Foreign Agents Registration Act (FARA) may be obtained in person at the FARA Registration Unit Public Office located at:

Department of Justice Registration Unit 1400 New York Avenue, N.W. 1st Floor - Public Office Suite 100 Washington, D.C. 20005

Public Office Research Hours of Operation:

Filing Hours:

Monday -Friday

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8:30 a.m. -5:00 p.m.

• FARA Forms

Choose the appropriate form by ,selecting a link below.

r. Registration Statement ~ Short-Form Registration

:Statement

~r-S~u-p-p~le-m-e-n-t-a~I=St-a-te-m--e-nt----- ~~_~E~X=h=ib~i=t~A~ ____________ __

Amendment to Registration

• ILaw links

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rorelgn Agents Keglstration Unit (FARA) http://www.justice.gov/criminallfaral

• 22 U.S.C. § 611 et seq - United States Code

• Title 28 C.E.R. Part 5 - Judicial Administration

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Contact Us I Accessibility I A-Z Index I Site Map I Archive I Privacy Policy I .L&aill Policies and Disclaimers

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Department of Justice

in support thereof. The Commission may order the taking of additional evi­dence and may request the applicant and others to appear before it. The Commission may invite oral argument before it on such questions as it de­sires.

§ 4.15 Certificate of Exemption. The applicant, the Secretary and oth­

ers to whom notice has been sent pur­suant to §4.7 shall be served a copy of the Commission's decision and order with respect to each application. When­ever the Commission decision is that the application be granted, the Com­mission shall issue a Certificate of Ex­emption to the applicant. The Certifi­cate of Exemption shall extend only to the stated employment with the pro­spective employer named in the appli­cation.

§4.16 Rejection of application. No application for a Certificate of

Exemption shall be accepted from any person whose application for a Certifi­cate of Exemption has been withdrawn, deemed withdrawn due to failure to remedy deficiencies in a timely man­ner, or denied by the Commission with­in the preceding 12 months.

§ 4.17 Availability of decisions. The Commission's Decisions under

both Acts are available for examina­tion in the Office of the U.S. Parole Commission, 5550 Friendship Boule­vard, Chevy Chase, Maryland 20815-7286. Copies will be mailed upon writ­ten request to the Office of General Counsel, U.S. Parole Commission, at the above address at a cost of ten cents per page.

(28 U.S.C. 509 and 510, 5 U.S.C. 301)

[44 FR 6890, Feb. 2. 1979, as amended at 46 FR 52354, Oct. 27, 1981]

PART 5-ADMINISTRATION AND ENFORCEMENT OF FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED

Sec. 5.1 Administration and enforcement of the

Act. 5.2 Inquiries concerning application of the

Act.

5.3 Filing of a registration statement. 5.4 Computation of time. 5.5 Registration fees. 5.100 Definition of terms. 5.200 Registration. 5.201 Exhibits.

§5.1

5.202 Short form registration statement. 5.203 Supplemental statement. 5.204 Amendments. , 5.205 Termination of registration. 5.206 Language and wording of registration

statement. 5.207 Incorporation by reference. 5.208 Disclosure of foreign prinCipals. 5.209 Information relating to employees. 5.210 Amount of detail required in informa-

tion relating to registrant's activities and expenditures.

5.211 Sixty -day period to be covered in ini­tial statement.

5.300 Burden of establishing availability of exemption.

5.301 Exemption under sEjction 3(a) of the Act.

5.302 Exemptions under sections 3(b) and (c) of the Act,

5,303 Exemption available to persons ac­credited to international organizations.

5,304 Exemptions under sections 3(d) and (e) of the Act,

5.305 Exemption under section 3(f) of the Act.

5.30B Exemption under section 3(g) of the Act.

5.307 Exemption under 3(h) of the Act, 5.400 Filing of informational materials, 5.402 Labeling informational materials. 5.500 Maintenance of book'S and records. 5,501 Inspection of books and records, 5,600 Public examination of records, 5,601 Copies of records and information

available. 5,800 Ten-day filing requirement, 5.BOl Activity beyond lO-day period, 5.1101 Copies of the Report of the Attorney

General.

AUTHORITY: 2B U,S,C. 509, 510; Section 1, 56 Stat, 248, 257 (22 U.S.C. 620); title I, Pub, L, 102-395, 106 Stat, 1828, 1831 (22 U,S,C. 612 note),

SOURCE: Order No, 376-6'1, 32 FR 6362, Apr. 22, 1967, unless otherWise noted,

§ 5.1 Administration and enforcement of the Act.

(a) The administration and enforce­ment of the Foreign Agents Registra­tion Act of 1938. as amended (22 U.S,C, 611-621) (Act), subject to the general supervision and direction of the Attor­ney General, is assigned to, and con­ducted, handled, and supervised by. the Assistant Attorney Gllneral for Na-tional Security, ,

213

§S.2

(b) The Assistant Attorney General for National Security is authorized to prescribe such forms, in addition to or in lieu of those specified in the regula­tions in this part, as may be necessary to carry out the purposes of this part.

(c) Copies of the Act, and of the rules, regulations, and forms prescribed pur­suant to the Act, and information con­cerning the foregoing may be obtained upon request without charge from the National Security Division, Depart­ment of Justice, Washington, DC 20530.

[Order No. 2865-2007, 72 FR 10068, Mar. 7. 2007]

§ 5.2 Inquiries concerning application of the Act.

(a) General. Any present or prospec­tive agent of a foreign principal, or the agent's attorney, may request from the Assistant Attorney General for Na­tional Security a statement of the present enforcement intentions of the Department of Justice under the Act with respect to any presently con­templated activity, course of conduct, expenditure, receipt of money or thing of value, or transaction, and specifi­cally with respect to whether the same requires registration and disclosure pursuant to the Act, or is excluded from coverage or exempted from reg­istration and disclosure under any pro­vision of the Act.

(b) Anonymous, hypothetical, non­party and ex post facto review requests excluded. The entire transaction which is the subject of the review request must be an actual, as opposed to hypo­thetical, transaction and involve dis­closed, as opposed to anonymous, agents and principals. Review requests must be submitted by a party to the transaction or the party's attorney, and have no application to a party that does not join in the request. A review request may not involve only past con­duct.

(c) Fee. All requests for statements of the Department's present enforcement intentions must be accompanied by a non-refundable filing fee submitted in accordance with §5.5.

(d) Address. A review request must be submitted in writing to the Assistant Attorney General for National Secu­rity, Department of Justice, Wash­ington, DC 20530.

28 CFR Ch. I (7-1-07 Edition)

(e) Contents. A review request shall be specific and contain in detail all rel­evant and material information bear­ing on the actual activity, course of conduct, expenditure, receipt of money or thing of value, or transaction for which review is requested. There is no prescribed format for the request, but each request must inclu,de:

(1) The identity(ies) of the agent(s) and foreign principal(s) involved;

(2) The nature of the agent's activi­ties for or in the interest of the foreign prinCipal;

(3) A copy of the eXisting or proposed written contract with the foreign prin­cipal or a full description of the terms and conditions of each existing or pro­posed oral agreement; and

(4) The applicable statutory or regu­latory basis for the exer,nption or exclu-sion claimed. '

(f) Certification. If the requesting party is an individual, the review re­quest must be signed by the prospec­tive or current agent, or, if the re­questing party is not an individual, the review request must be signed on be­half of each requesting party by an of­ficer, a director, a person performing the functions of an officer or a director of, or an attorney for, the requesting party. Each such person signing the re­view request must certlfy that the re­view request contains a true, correct and complete disclosure with respect to the proposed conduct.

(g) Additional information. Each party shall provide any additional informa­tion or documents the National Secu­rity Division may thereafter request in order to review a matter. Any informa­tion furnished orally shall be con­firmed promptly in writing, signed by the same person who signed the initial review request and ceJ'tified to be a true, correct and complete disclosure of the requested information.

(h) Outcomes. After submission of a review request, the National Security Division, in its discretion, may state its present enforcement intention under the Act with respect to the pro­posed conduct; may decline to state its present enforcement intention; or, if circumstances warrant, may take such other position or initiate such other action as it considers appropriate. Any ,

214